GENERAL TERMS AND CONDITIONS FG LAWYERS B.V.
1. FG Lawyers B.V. is a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, whose object is to conduct a legal practice. The partners participate in the share capital of FG Lawyers B.V. through their respective holding companies.
2. These general terms and conditions apply to every instruction accepted by FG Lawyers B.V., including follow-up instructions and further client assignments. These general terms and conditions also apply to all other legal relationships to which FG Lawyers B.V. is a party, whatever their name or nature. Variations from these general terms and conditions are only legally binding when these have been agreed specifically in writing. General terms and conditions of clients or other parties with whom FG Lawyers has a legal relationship are not accepted by FG Lawyers B.V.
3. FG Lawyers B.V. has drawn up internal complaints regulations that apply to every instruction accepted by FG Lawyers B.V., including follow-up instructions and further client assignments. These internal complaints regulations can be viewed online at fglawyersamsterdam.com. The internal complaints regulations also provide details of the person to whom a complaint can be submitted if it is not handled in a satisfactory manner by FG Lawyers B.V.
4. The provisions of these general terms and conditions are not only made for the benefit of FG Lawyers B.V., but also its partners, all other persons working for FG Lawyers B.V., all persons engaged by FG Lawyers B.V. in connection with the carrying out of any instruction and all persons for whose acts or omissions FG Lawyers B.V. may be held liable.
5. All instructions are accepted and carried out by FG Lawyers B.V. only. This is also the case if the client expressly or implicitly intends the assignment to be performed by a specific person. The applicability of section 7:404 and section 7:407 paragraph 2 of the Dutch Civil Code is hereby excluded.
6. Unless agreed otherwise, fees will be calculated on the basis of the time spent multiplied by the hourly rates, which are determined annually by FG Lawyers B.V. FG Lawyers B.V. sends invoices on a monthly basis. The payment terms are 14 days.
7. FG Lawyers B.V. has taken out collective liability insurance. The liability of FG Lawyers B.V., its employees and other persons engaged in the carrying out of any instructions or for whose acts or omissions FG Lawyers B.V. may be held liable, is limited to the amount paid out under the collective liability insurance policy in the matter concerned, as increased by the amount of any deductible which must be borne by FG Lawyers B.V. under the applicable insurance policy in the matter concerned.
8. If, for whatever reason, no payment is made under the aforementioned insurance policy in the matter concerned, any liability of FG Lawyers B.V. shall be limited to a sum equal to three times the amount invoiced by FG Lawyers B.V. in the matter concerned in the relevant year, subject to a maximum of €50,000. If FG Lawyers B.V. is not held liable in writing within 12 months of the discovery of an occurrence or circumstance which results or may result in liability, any right to claim compensation automatically terminates.
9. FG Lawyers B.V. may engage third parties in connection with the instructions it receives from the client. FG Lawyers B.V. will not be liable for any acts/or omissions of third parties or for the insolvency of third parties, including financial institutions. FG Lawyers B.V. is hereby authorised by the client to accept any limitations of liability and other conditions on its behalf.
10. Under the provisions of the current Data Protection Act (Wet bescherming persoonsgegevens) professional use of client data without notice is permitted. In addition, client data may be used to enable FG Lawyers B.V. to check possible conflicts of interest in connection with new matters. By accepting these general terms and conditions the client agrees to any electronic data interchange and accepts that, in spite of all security measures taken by FG Lawyers, unauthorised access cannot be precluded.
11. All agreements and other legal relationships with FG Lawyers B.V. shall be governed by Dutch law. Any disputes shall be exclusively determined by the competent court in Amsterdam, the Netherlands, without prejudice to any right to lodge an appeal with a higher court, including the Dutch Supreme Court (Hoge Raad). Notwithstanding the above, FG Lawyers B.V. also has the right to institute legal proceedings in any competent court in the client’s jurisdiction.
12. In the event of a dispute between the English and Dutch version of these general terms and conditions, the Dutch version shall be binding. These general terms and conditions have been filed with the Court Registry of the Amsterdam District Court and are also available on fglawyersamsterdam.com.